MOUSHUMI BHATTACHARYA, J. - (1.) This is an application filed by the defendant for vacating an order passed by this Court on 7th June, 2018. The prayer for such is framed in the following manner: "The order dated 7th June 2018 passed by the Hon'ble Justice Moushumi Bhattacharya in G.A. No.2427 of 2018 in Civil Suit 549 of 1999 be vacated and in the alternative, the applicant's counsel be discharged of the assurance as recorded in the said order."
(2.) The prayer is required to be set out since the order dated 7th June, 2018 recorded the submission made by counsel appearing for the defendant that the construction, which is the subject matter of dispute, will remain in the same position until the matter is heard out.
(3.) The instant matter comprises of two adjoining shops on Lindsey Street, opposite to the New Market. The plaintiff's shop is "Sumangal"; the defendant's shop is "Sreeleathers". The dispute appears to be a case of jostling for space and visibility by reason of a narrow lane separating the porticos of the two shops. Besides displaying its shop name, Sumangal, the plaintiff displays additional boards consisting of the brands of apparel which the plaintiff presumably sells. From the pictures shown to the Court, the display boards are of US Polo Assn., Louis Philippe and Peter England. The last board of Peter England is the centre of the present controversy.;